Today's Date: November 20, 2018
SUNDANCE RESORT SNOWSPORTS RELEASE AND INDEMNITY
I, the undersigned, and if I am a person under 18 years of age, my parent or authorized adult (hereafter collectively “I”) understand that Skiing and/or Snowboarding involves significant risk of serious personal injury, property damage, or even death. The risks include altitude, falls, collisions with other skiers, classmates or objects, snow conditions, ice, rocks, trees, equipment failures, weather, jumps, steepness, exceeding my ability, lift loading and unloading, and the negligence of Sundance Partners Ltd., Sundance Holdings LLC, Sundance Development Corporation, Sundance Group, LLC, Sundance Village Holdings, LLC, Sundance Enterprises, Inc., Robert Redford, their employees, and agents (hereafter “SUNDANCE”). I acknowledge and expressly agree to assume all risks of personal injury, falls, accidents, and/or property damage.
In consideration of the use of SUNDANCE’S property and instruction by SUNDANCE Snowsports, I agree to the following:
- Release & Indemnity. To the fullest extent allowed by law, I agree to forever release SUNDANCE as property owner and Snowsports instructor from any and all claims for injuries, losses, and damages resulting in any way from “Skiing and/or Snowboarding” instruction, use of lifts or facilities, and/or SUNDANCE’Snegligence. My release includes all claims regarding the design, maintenance, manufacture, instructions, or conditions of the Skiing and/or Snowboarding area, course, structures or equipment utilized in the Skiing and/or Snowboarding, express or implies warranties and the negligence of SUNDANCE. To the fullest extent allowed by law, I agree to indemnify and hold SUNDANCE harmless from all claims, damages or injuries in any way related to any participation in Snowsports instruction, use of lifts or facilities at SUNDANCE, including breach of this Release, and will reimburse SUNDANCE’S attorney’s fees and costs, even if SUNDANCE was negligent.
- I agree that no lawsuit will be filed by me or on my behalf against SUNDANCE as a result of my participation in Snowsports instruction, use of lifts or facilities or for any injuries or damages that I sustain even if SUNDANCE was negligent. I understand that this is a contract, which limits my legal rights and is binding upon my heirs and my legal representatives. I agree that the provisions of this Release are intended to be independent, and in the event any provisions hereof should be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason whatsoever, such illegality, unenforceability, or invalidity shall not affect the remainder of this Release. Any lawsuits concerning my participation in Skiing and/or Snowboarding or this release must be brought in Utah’s Fourth District Court, or Federal District Court for the District of Utah. This release shall be effective for all Skiing and/or Snowboarding within one year of the signing of this release.
- I represent and warrant that I am mentally and physically able to participate in Skiing and/or Snowboarding. I further agree that I have received all information necessary to participate.
- I shall accept and abide by the rules, regulations and recommendations of Sundance Snowsports Skiing and/or Snowboarding. I agree to be solely responsible to educate, supervise and make all decisions concerning my participation, including use of the area, ski/snowboarding equipment, attire and involvement in the activities.
- I understand and agree that children age 6 and older may ride the lift without a Snowsports instructor.
- Medical Authorization And Medical Insurance. I authorize SUNDANCE, at the discretion of any employee, to obtain medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against SUNDANCE for any medical expense.
- I irrevocably grant and agree that SUNDANCE shall have the right to use, air, publish, or reproduce photographs, video, and/or pictures of my name, image, and likeness for any lawful purpose.
- I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS RELEASE OF LIABILITY.